Agenda and draft minutes

Licensing Sub-Committee - Wednesday 27th April 2022 10.00 am

Venue: Guildhall, High Street, Exeter. View directions

Contact: Mark Devin, Democratic Services Officer (Committees)  Telephone 01392 265477 or email  mark.devin@exeter.gov.uk

Items
No. Item

24.

Appointment of Chair

To appoint a Chair for the meeting.

 

Minutes:

Councillor Holland was appointed as Chair for this meeting.

 

25.

Declarations of Interest

Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item.  Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

 

Minutes:

No declarations of interest were made by Members.

 

26.

LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 EXCLUSION OF PRESS AND PUBLIC

RECOMMENDEDthat, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for items 4 and 5 on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part I of Schedule 12A of the Act.

 

Minutes:

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of the following items on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph’s 1 and 2 of Part I, Schedule 12A of the Act.

 

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976

TOWN POLICE CLAUSES ACT 1847

27.

Application for the renewal of a licence relating to a Private Hire vehicle over 9 years old.

To consider the report of the Service Lead - Environmental Health & Community Safety.

 

Minutes:

The Chair introduced the Licensing Sub Committee Members and Officers.

 

The Legal Advisor set out the procedure for the hearing advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Principal Licensing Officer presented the application to renew a Hackney Carriage Vehicle licence in relation to a vehicle which was over 9 years old at the renewal date. The Applicant had submitted a vehicle MOT certificate dated 14 March 2022, with a recorded mileage of 126,237 miles. An independent mechanical inspection report, dated 14 March 2022 had also been submitted. The vehicle had been inspected by a Licensing Officer, and had been considered to be in a good condition for the age and mileage. Additional photographs of the vehicle had also been submitted and the vehicle was confirmed to have been plated by Exeter City Council since 11 April 2016.

 

The Principal Licensing Officer explained the Taxi Policy, which stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the Licensing Sub Committee for determination. Vehicles over 10 years old should not be granted, however, the Applicant had the right to apply for the application to be considered by a Licensing Sub-Committee if they considered that their circumstances justified a deviation from the policy.

 

The Applicant who was in attendance spoke in support of the application and responded to questions from Members.

 

RESOLVED that the application for the renewal of a Private Hire Vehicle licence be granted until 11 March 2023.

 

28.

Application for the Renewal of a licence relating to a Private Hire vehicle (PHV) over 10 years old.

To consider the report of the Service Lead - Environmental Health & Community Safety.

 

Minutes:

The Chair introduced the Licensing Sub Committee Members and Officers.

 

The Legal Advisor set out the procedure for the hearing advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Principal Licensing Officer presented the application to renew a Hackney Carriage Vehicle licence in relation to a vehicle which was over 10 years old at the renewal date. The Applicant had submitted a vehicle MOT certificate dated 1 February 2022, with a recorded mileage of 324,998 miles, with an independent mechanical inspection report, dated 23rd February 2022. The vehicle had been inspected by a Licensing Officer, who had considered it to be in a good condition for its age and mileage. Additional photographs of the vehicle had also been submitted and it was confirmed that the vehicle had been first plated by Exeter City Council on 24th February 2012.

 

The Principal Licensing Officer explained the Taxi Policy, which stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the Licensing Sub Committee for determination and that vehicles over 10 years old should not be granted. However, the Applicant had the right to apply for the application to be considered by a Licensing Sub-Committee if they considered that their circumstances justified a deviation from the policy.

 

The Applicant who was in attendance spoke in support of the application and responded to questions from Members.

 

The Licensing Sub Committee considered the application and submissions presented from the Applicant, and did not consider that there was any evidence presented that justified a deviation from the Taxi Policy.

 

RESOLVED that the application for the renewal of a Private Hire Vehicle licence be refused.